New rules for organization of construction came into effect on 1st of March 2016
These rules define the full readiness of the completed project
The Secretariat of the Committee of construction, production of construction materials and housing informs about legislative changes in the industry.
The personal responsibility of the customer, contractor, technical and designer supervision was introduced on 1st of January 2015 and is certified by the signature in the act of acceptance of the completed project.
Chapter 11 of the Law "On architectural, urban planning and construction activities in the Republic of Kazakhstan" is entirely devoted to the acceptance of construction projects into operation. The existing mechanism of acceptance of objects in operation was introduced to replace the Soviet mandatory acceptance of objects by the State Commission.
Acceptance and commissioning of the completed project is made by the customer when it is ready. At the same time, the full readiness of the constructed object is determined in accordance with the rules of organization of construction and the passage of licensing procedures in the construction industry, which entered into force on 1st of March 2016.
The indicated parties bear administrative and criminal liability for acceptance of unfinished construction projects, acceptance of facilities with defaults and violations.
The customer approves the acceptance certificate, and from that moment the object is considered to be put into operation. Without the approval of the certificate of acceptance, the object can’t be put into operation, and it can’t be registered in the judiciary bodies. At the same time, the specified act must be registered in the structural unit of the local state bodies in the field of construction and architecture, including during the acceptance of the facility by the owner.
The main responsibilities of the participants are reduced to the evaluation of construction, installation design and estimate documentation, regulatory compliance, to conduction of tests and trials, evaluation of innovative solutions, check of the capacity on compliance with design parameters.
A separate article 74 of the Law deals with cases where the object can be put into operation by the owner alone. This right applies at the completion of construction of technically simple objects, for example, temporary structures, mobile systems, outdoor sports grounds, etc. But there is a proviso that acceptance could not be carried out independently by the owner, if the construction and operation of these facilities violate the rights of other citizens, contradicts to the state and (or) other public interests.
The sequence of acceptance of objects into operation under article 75 of the Law is as follows:
1. The contractor sends to the Customer a written notice about readiness of the object.
2. The customer asks a declaration and conclusions about the quality of construction and installation works from the contractor and the people, who carried out technical and design.
3. The contractor and the people, who carry out technical and design supervision, within 3 working days provide the relevant declaration and conclusions.
4. The customer is obliged to check the executive technical documentation, the declaration and conclusions. In case of violations and negative opinions - acceptance of the object can be carried out only after their removal by the contractor.
Templates of conclusions about the quality of construction and installation works, the template of the conclusion on the compliance of the performed work to the project, a template of declaration on compliance with the decree, a template of the act of acceptance into operation are approved by the Order of the Minister of National Economy of RoK, dated by 24th of February 2015 # 121. These documents are generally understood by the parties and to a greater extent reflect the exact composition of the participants with the details, timing of construction, local construction costs, the provisions on certification of certain facts (corresponding draft decisions, regulations), the main indicators and characteristics of the constructed object.
In general, for more than a year of existence of this institution for testing the mechanism, NCE did not receive complaints from entrepreneurs, which is seen as a satisfactory justification of the existing acceptance system, used for putting facilities into operation.
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